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Duke Law

2005

Due process of law

Articles 1 - 3 of 3

Full-Text Articles in Law

Political Trials In Domestic And International Law, Eric A. Posner Oct 2005

Political Trials In Domestic And International Law, Eric A. Posner

Duke Law Journal

Due process protections and other constitutional restrictions normally ensure that citizens cannot be tried and punished for political dissent, but these same restrictions interfere with criminal convictions of terrorists and others who pose a nonimmediate but real threat to public safety. To counter these threats, governments may use various subterfuges to avoid constitutional protections-often with the complicity of judges-but when they do so, they risk losing the confidence of the public, which may believe that the government targets legitimate political opponents. This Article argues that the amount of process enjoyed by defendants in criminal trials reflects a balancing of two …

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Lost In Translation: The Need For A Formal Court Interpreter Program In Alaska, T. Caroline Briggs-Sykes Jun 2005

Lost In Translation: The Need For A Formal Court Interpreter Program In Alaska, T. Caroline Briggs-Sykes

Alaska Law Review

No abstract provided.

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The Political Question Doctrine: Suggested Criteria, Jesse H. Choper Apr 2005

The Political Question Doctrine: Suggested Criteria, Jesse H. Choper

Duke Law Journal

Whether there should be a political question doctrine and, if so, how it should be implemented continue to be contentious and controversial issues, both within and outside the Court. This Article urges that the Justices should reformulate the detailed definition that they have utilized (at least formally) since 1962, and adopt four criteria to be applied in future cases. The least disputed-textual commitment-is the initial factor listed in Baker v. Carr. The other three are based on functional considerations rather than constitutional language or original understanding. The first of these-structural issues: federalism and separation of powers-has been advanced and developed …

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